During the 2023 Monsoon Session of the Indian Parliament, Hyderabad Lok Sabha MP Asaduddin Owaisi raised concerns about the representation of backward and minority communities in the judiciary, specifically regarding the appointment of judges to High Courts. The Ministry of Law and Justice responded to his queries, shedding light on the demographic composition of judges appointed in recent years.
According to the Ministry's reply, out of the 604 High Court Judges appointed since 2018 until July 17, 2023, 458 belong to the General Category, 18 are from the Scheduled Caste (SC) category, 9 belong to the Scheduled Tribe (ST) category, 72 are from the Other Backward Classes (OBC) category, and 34 belong to minority communities. Information about the remaining 13 judges is not available.
Law Minister Arjun Ram Meghwal disclosed that the data shows over 75% of judges appointed to High Courts since 2018 were from upper castes, while OBC representation was less than 12%. These figures come in response to AIMIM chief Asaduddin Owaisi's inquiry about the alleged overrepresentation of judges from upper castes in the past five years.
The issue of social diversity and representation in the higher judiciary was first highlighted by a report in January, based on a representation made by the law ministry before the Parliamentary Panel on law and Justice. The report pointed out that despite the collegium system of appointing judges being in place for three decades, the original vision of ensuring social diversity in the higher judiciary was not fully realized.
Responding to the concerns raised, the Ministry of Law and Justice clarified that the appointment of judges to the Supreme Court and High Courts is governed by Articles 124, 217, and 224 of the Constitution, which do not provide for reservation based on caste or class. However, the government has been urging Chief Justices of High Courts to consider suitable candidates from SC/ST/OBC, minority, and women communities when proposing judges for appointment to ensure greater social diversity.
Furthermore, in response to another query regarding the establishment of an All India Judicial Service (AIJS), the Law Minister stated that there is currently no consensus on the proposal to set up AIJS as a recruitment mechanism for appointments at the level of district judges.
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